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Fixed Term Occupation Contract for a term of less than seven years (non-model version)

PROP.NMV.01

This Fixed Term Occupation Contract for a term of less than seven years (non-model version) provides an alternative version to the Welsh Government’s Model Written Statement. It incorporates the fundamental and supplementary provisions contained within the Welsh Government’s Model Written Statement with modification and additional provisions. This template is intended to be more suitable for use by landlords and incorporates many additional provisions which would previously have been found within a standard assured shorthold tenancy but which are not included within the Model Written Statement.

In compliance with the Renting Homes (Wales) Act 2016 ("the Act"), where a fundamental or supplementary term of the Model Written Statement has been omitted or changed, these are identified within this template as follows:

  • Omissions of text have been struck through
  • New text is shown in CAPITALS
  • New additional provisions are identified with an (A) 

It is important that these differences remain in the text of the final version of the occupation contract to be in compliance with the Act.

Some of the key changes in this template are:

Clause 7A - The dwelling can only be used as the contract-holder’s only or main home. This provides the landlord the right to recover the dwelling on abandonment which the Welsh Government’s Model Form does not.

Clauses 10A & 12A - Additional landlord rights to enter the dwelling.

Clause 13A - Additional responsibilities on the contract-holder to take care of the dwelling including regular testing of smoke and carbon monoxide alarms and compliance with fire regulations. An optional clause dealing with pets at the dwelling which can be retained or removed as required.

Clause 13B – Optional clauses placing responsibilities on contract-holders in HMOs which can be retained or removed as needed.

Clauses 24A and 25 – imposing additional responsibilities in respect of the security of a dwelling.

Clause 34A – additional requirements at the end of the contract, for example, permitting the landlord to affix a marketing sign.

A fixed term occupation contract means it initially lasts for a specified period of time agreed between the landlord and contract-holder. If the contract-holder remains in occupation of the dwelling after the end of the fixed term, the parties are to be treated as having made a new periodic standard occupation contract in relation to the dwelling.

Customers should refer to the Guidance on Standard Occupation Contracts for use by private landlords and letting agents in Wales for further information on occupation contracts, how the model written statements are to be used and when a written statement is to be provided to avoid being in breach of the Act.

This Fixed Term Occupation Contract for a term of less than seven years (non-model version) template is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

As always, you should seek legal advice if you are not sure whether this template will meet your needs or if you need help to edit or add to them to meet your particular needs

Fixed Term Occupation Contract for a term of less than seven years (non-model version) is part of Property Documents. Just £35.00 + VAT provides unlimited downloads from Property Documents for 1 year.

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